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Texas Child Custody Judge

What Do Judges Look for in Child Custody Cases?

In child custody matters, judges have a tough job. Experienced judges have heard thousands of child custody cases throughout their careers. This means:

  • They’re familiar with parents who didn’t tell the whole truth, who tried to manipulate the system or who turned to tricks to gain leverage in a divorce.
  • They’re often skeptical about what parents say.

This can make it challenging to convince them of your side of the story—especially in high-conflict cases when both parents are seeking sole custody.

It can be helpful to know what judges look for in child custody cases. Knowing how a judge looks at your case can help you give your attorney the information needed to represent you effectively in Texas courts.

The Best Interests of the Child

Generally, Texas courts use the “best interests of the child” standard when deciding child custody matters. This standard was outlined in a case called Holley v. Adams, and judges have said that it should apply in all child custody cases. The best interests of the child include the child’s basic needs, as well as emotional and mental health needs.

Are the Child’s Basic Needs Being Met?

The judge usually starts with an analysis of the child’s basic needs. The judge wants to see that the child lives in a safe home with enough food, clean clothes and regular care. They want to see proof that your child has a comfortable bed, as well as spaces for play, doing homework and eating meals.

Are the Child’s Emotional Needs Being Met?

Judges also look for a solid support network of family and friends. They’ll look for a network of extended family members who play an important role in your child’s life. They’ll also look for childhood friends and a school where your child is supported by knowledgeable professionals.

Are the Child’s Mental Health Needs Being Met?

Divorces and child custody disputes are mentally challenging—not just for parents, but for children too. You’ll want to share proof of your child’s well-being and appropriate mental-health support. This means setting appropriate boundaries without saying anything manipulative about the other parent or oversharing about the divorce.

If domestic violence has been a factor in the home, the child’s mental health needs are especially important to the judge’s decision.

Talk With Our Lawyers About Child Custody

At the Schneider Law Firm, P.C., we work to protect your relationship with your child. For a confidential consultation, call our Ft. Worth office at 817-755-1852. We can answer your questions about child custody and what a judge may consider in your unique case.

Sources:  

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#:~:text=1%2C%201999.-,Sec.,and%20access%20to%20the%20child.

https://law.justia.com/cases/texas/supreme-court/1976/b-5880-0.html